On The Perfection Of The Foreigner System In International Commercial Arbitration Cases

With the development of integration of economic and trade,international commercial arbitration has become a common way to solve international commercial disputes.With the development of international commercial arbitration,there are more and more realistic problems in the international commercial arbitration procedure.As international economic and trade relations become more and more complicated,the main bodies involved in the contractbecome more and more.The international commercial arbitral award no longer only affect the parties to arbitration,international commercial arbitration began to affect the interests of outsiders.In International Commercial Arbitration the principle of party autonomy requires that the parties involved in the arbitration must have an arbitration agreement.The arbitration agreement is the basis for the parties to participate in the arbitration and the source of authority for the arbitral tribunal to obtain arbitration jurisdiction.In dealing with foreign cases,the arbitral tribunal strictly abided by the principle of autonomy of the parties and did not allow the outsiders to participate in the arbitration,which resulted in the arbitrators who could only defend themselves by initiating new arbitration or proceedings.This makes the parties involved in the dispute to pay more time and money.On the other hand,it will lead to the same case with different results of the ruling,the effectiveness of the arbitration award challenges.Therefore,although in the theoretical circles,the outsiders system still has some controversy,but the major international commercial arbitration institutions have international outsiders system.This paper will discuss the basic concepts of arbitration outsiders system,the current international major doctrine,the arbitration rules of the major international commercial arbitration institutions and the study of the scope of the international commercial arbitrators,with a view to setting up the system of arbitrators in China's international commercial arbitration rules Provide reference.In the first chapter,the author analyzes the value of international commercial arbitrators from the value of international commercial arbitration,and then defines the basic concepts of international business outsiders from the main doctrines of international commercial arbitrators,To distinguish between the third party and the third party of the arbitration agreement,the second chapter of the main international commercial arbitration institutions of the relevant international commercial arbitration cases of procedural provisions;the third chapter is mainly based on arbitration agreement The scope of the outsiders of the international commercial arbitration institutions to define;in the international commercial arbitration institutions of international commercial arbitration cases of outsiders and the current major international arbitration institutions in China on the provisions of international commercial arbitration cases were analyzed in the fourth chapter.In order to consummate the provisions of the outsiders of arbitration in our country.